§ 54-03.2-12 — Testimony

North Dakota § 54-03.2-12

• Jurisdiction: North Dakota
• Title 54: State Government
• Ch. 54-03.2: Conduct of Legislative Investigations

Text

1. An investigating committee shall cause a record to be made of all proceedings in
which testimony or other evidence is demanded or adduced, which record must
include rulings of the chair, questions of the committee and its staff, the testimony or
responses of witnesses, sworn written statements submitted to the committee, and
such other matters as the committee or its chairman may direct.
2. All testimony given or adduced at a hearing must be under oath or affirmation unless
the requirement is dispensed with in a particular instance by majority vote of the
committee members present at the hearing.
3. Any member of an investigating committee may administer an oath or affirmation to a
witness at a hearing of such committee.
4. The presiding officer at a hearing may direct a witness to answer any relevant question
or furnish any relevant book, paper, or other document, the production of which has
been required by subpoena duces tecum. Unless the direction is overruled by majority
vote of the committee members present, disobedience constitutes a contempt.
5. A witness at a hearing or the witness's counsel, with the consent of a majority of the
committee members present at the hearing, may file with the committee for
incorporation into the record of the hearing sworn written statements relevant to the
purpose, subject matter, and scope of the committee's investigation or inquiry.
6. A witness at a hearing, upon the witness's advance request and at the witness's own
expense, must be furnished a certified transcript of the witness's testimony at the
hearing.
7. Testimony and other evidence given or adduced at a hearing closed to the public may
not be made public unless authorized by majority vote of all of the members of the
committee, which authorization must also specify the form and manner in which the
testimony or other evidence may be released.
8. All information of a defamatory or highly prejudicial nature received by or for the
committee other than in an open or closed hearing must be deemed to be confidential.
No such information may be made public unless authorized by majority vote of all of
the members of the committee for legislative purposes, or unless its use is required for
judicial purposes.